- Kashmiri Muslims continue to face widespread human rights abuses including arbitrary detention, torture, and extrajudicial killings.
- Massacres, mass rapes, and the 2019 revocation of Kashmir’s autonomy reflect a long-standing climate of repression, surveillance, and silenced civil liberties.
Let’s go back to 1958—a year that marked the introduction of a law in Indian-administered Kashmir that would go on to define the legal landscape for decades: the Armed Forces (Special Powers) Act, or AFSPA. This law grants the Indian armed forces sweeping authority in regions deemed “disturbed.” It allows soldiers to open fire if they believe it necessary to maintain public order, arrest without a warrant, and conduct searches without legal consequences. The act also grants legal immunity to security personnel for actions carried out under its provisions, making prosecution rare. AFSPA was extended to Jammu and Kashmir in 1990. (Amnesty International, 2015)
Over time, other laws were added. The Disturbed Areas Act (1992) reinforces the AFSPA by officially designating areas as unstable and justifying the military presence. Then there’s the Public Safety Act of 1978, which allows authorities to detain individuals without formal charges or trial for up to two years. Detainees often have no access to legal counsel, no opportunity for bail, and limited judicial review. According to the Jammu and Kashmir Coalition of Civil Society (JKCCS), thousands have been detained under this law, including minors.
Together, these laws create a legal framework in which ordinary civilians can be arrested, imprisoned, tortured, or even killed with minimal oversight or recourse. Human rights organizations such as Human Rights Watch and Amnesty International have repeatedly documented instances of abuse under these acts. The U.S. State Department’s 1992 Country Report on Human Rights Practices found credible reports of mass rapes and extrajudicial killings by Indian security forces in Kashmir.
Several well-documented incidents illustrate the gravity of the situation:
- In the Gawkadal Massacre of January 1990, Indian paramilitary forces opened fire on protestors, killing at least 50 people. (Human Rights Watch, 1993)
- The Zakura and Tengpora massacres, also in 1990, resulted in the deaths of 47 civilians during protests. (Asia Watch, 1991)
- In the Handwara massacre that same year, 21 people were reportedly killed by security forces.
- In Kunan Poshpora in 1991, over 100 women were allegedly raped by soldiers during a cordon-and-search operation. Human Rights Watch cited credible evidence, while Indian authorities denied the allegations and closed the case without significant inquiry. (Human Rights Watch, 1993; UNHCR report, 1992)
The region has remained in legal and political limbo, governed through emergency legislation and military oversight, often with little regard for civil liberties or democratic process.
More recently, in August 2019, the Indian government revoked Article 370 of the Constitution, stripping Jammu and Kashmir of its semi-autonomous status. This was accompanied by a complete communication blackout, curfews, and mass detentions, including those of local political leaders. (Office of the United Nations High Commissioner for Human Rights, 2019)
These laws and their consequences would be unacceptable in any democratic society. They have created generations of Kashmiris who have lived under surveillance, trauma, and the threat of violence for simply existing in the wrong place at the wrong time.
Ignoring these realities won’t make them disappear. And if global attention has the power to influence change in other parts of the world, then surely the people of Kashmir deserve that same recognition and support.
